1.INTRODUCTION
These Terms of Use state the terms and conditions under which you may use this
website (the “Site”). Please read this page carefully. If you do not
accept these Terms of Use, do not use the Site as your use of the Site
constitutes your agreement to abide by these Terms of Use. MediaMed, Inc.
(“MediaMed”) may revise these Terms of Use at any time by updating this posting.
You should visit this page periodically to review the Terms of Use, because they
are binding on you.

2.MATERIALS ON SITE

MediaMed authorizes you to
view the materials on this Site solely for your personal, noncommercial use.
The contents of this Site, such as text, graphics, images, software and other
material, including without limitation, the MediaMed Web Solution (collectively,
the “Materials”), are protected by copyright, trademark and other United Sates
and foreign laws. Unauthorized use of the Materials may violate copyright,
trademark, and other laws. The information on this Site is for
informational purposes only and does not create a business or professional
services relationship between you and MediaMed. Please see “Use of the
MediaMed Web Solution” below for additional terms regarding your use of our
MediaMed Web Solution. You will comply with all applicable laws regarding the
use of the Materials and the Site. If you violate these Terms of Use, your
permission to use the Materials and the Site automatically terminates.

3.OWNERSHIP

3.1Unless
otherwise stated, the Materials are owned by MediaMed. All trademarks and logos
used or referred to in this Site are the property of MediaMed or their
respective owners. Nothing on this Site confers any license or right to
any copyright, patent, trademark or other proprietary interest of MediaMed. or
any third party. Except for the specific right to view the Materials on
the Site, the Materials may not be used, copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way.

3.2
MediaMed and its licensors will have sole and exclusive ownership of all right,
title, and interest in and to the Materials and all modifications and
enhancements thereof. You may not sublicense, sell, transfer, copy,
modify, or distribute the Materials, or any copy, adaptation, or portion
thereof. You may not reverse assemble or compile, or otherwise translate
the Materials. You acknowledge that MediaMed claims and reserves all
rights and benefits afforded under Federal law in the programs, data-base
information, and user materials included in the MediaMed Web Solution as
copyrighted works. MediaMed reserves all rights not expressly granted in
these Terms of Use.

3.3You
acknowledge that, in the event of your breach of any of the foregoing
provisions, MediaMed may not have an adequate remedy in money or damages.
MediaMed will therefore be entitled to obtain an injunction against such breach
from any court of competent jurisdiction, in addition to all other available
remedies.

4.USE OF THE MEDIAMED WEB
SOLUTION

4.1Use of the MediaMed Web
Solution by Any User

(a)By
viewing the MediaMed Web Solution, you confirm that you have been issued a
password directly by MediaMed to access the MediaMed Web Solution or you have
received a password directly from your dentist, insurance company or instructor
to view the MediaMed Web Solution for informational purposes only.

(b)
MediaMed grants you a nonexclusive, non-transferable, revocable license to view
the MediaMed Web Solution for your personal, non-commercial use pursuant to the
terms set forth in these Terms of Use.

(c)You
agree that under no circumstances shall you provide any personally identifiable
information such as name, address, email address or phone number to MediaMed.

(d)You
agree to use the MediaMed Web Solution for informational purposes only and will
not use the MediaMed Web Solution as a substitute for your dentist’s description
of any dental procedure or disclosure or advice regarding any dental procedure.
You acknowledge that MediaMed does not provide medical or dental advice or
diagnoses and MediaMed shall not be liable to you for any misinterpretation or
misunderstanding of the MediaMed Web Solution by you or any other party.
You should discuss any MediaMed Web Solution content you view with your dentist
and look to your dentist for any diagnoses or advice and to determine the
applicability, risks and benefits of any procedure described in the MediaMed Web
Solution. You are solely responsible for discussing the cost of all
procedures and treatments with your dentist and determining if any treatments
are covered by your insurance.

4.2Additional Terms Applicable
to Use of the MediaMed Web Solution by Dentists.In addition to all other terms set
forth in these Terms of Use, dentists shall also comply with the terms set forth
in this section. If you are a dentist, you may only use the MediaMed Web
Solution in accordance with the written agreement between you and MediaMed and
you must have obtained a password directly from MediaMed for use of the MediaMed
Web Solution. Your failure to comply with these Terms of Use or the terms of
your written agreement with MediaMed may result in revocation of your license
and password to use the MediaMed Web Solution, and MediaMed may pursue all other
remedies available to it.
You agree to use the MediaMed Web Solution and present the MediaMed Web Solution
to your patients for informational purposes only and will not use the MediaMed
Web Solution as a substitute for your description of any dental procedure or
disclosure or advice regarding any dental procedure. You are solely
responsible for providing diagnoses to patients and choosing the specific
MediaMed Web Solution content shown or recommended to any patient. You
acknowledge that MediaMed does not provide medical or dental advice or diagnoses
and MediaMed shall not be liable to you or any third party for any
misinterpretation or misunderstanding of the MediaMed Web Solution by you or any
third party, including without limitation, your patients or staff.

5.DISCLAIMER

5.1
MediaMed, Inc. DOES NOT WARRANT THAT THE SITE OR MATERIALS WILL OPERATE
ERROR-FREE OR THAT THE SITE AND ITS SERVER AND THE MATERIALS ARE FREE OF
COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE
MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
MediaMed IS NOT RESPONSIBLE FOR THOSE COSTS.

5.2
THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. MediaMed, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. MediaMed MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS,
SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED IN THE SITE.

6.LIMITATION OF LIABILITY

IN NO EVENT WILL MEDIAMED,
ANY OF ITS SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE TO YOU
OR ANY OTHER THIRD PARTY FOR DAMAGES (INCLUDING WITHOUT LIMITATION ANY, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES)
RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR USE OF THE MATERIALS,
INCLUDING WITHOUT LIMITATION, THE MEDIAMED WEB SOLUTION, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDIAMED
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and
jurisdictions do not allow the exclusion or limitation of incidental,
consequential or special damages, or the exclusion of implied warranties.
Therefore some of the limitations set forth in the Sections entitled
“Disclaimer” and “Limitation of Liability” may not apply to you.

7.INDEMNIFICATION

You will indemnify, hold
harmless, and, if MediaMed requests, defend MediaMed, its officers, directors,
employees and agents, from and against any claims, liabilities, losses, actions,
demands, costs (including without limitation attorneys’ fees and costs),
alleging or arising from or related to (i) your use of the Materials, including
without limitation the MediaMed Web Solution or (ii) your breach of these Terms
of Use.

8.GOVERNING LAW

You agree that these Terms
of Use and any legal action or proceeding relating to this Site shall be
governed by the laws of the State of California, without respect to its conflict of laws
principles. You agree to submit to the jurisdiction of the state and federal
courts in Santa ClaraCounty in the State of Californiain any litigation or
dispute arising out of or related to these Terms of Use or the Materials.

9.EXPORT RESTRICTIONS

The
United States
controls the export of products and information. You agree to comply with
such restrictions and not to export or re-export the Materials to countries or
person prohibited under the export control laws.

10.GENERAL

If any provision of these
Terms of Use is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term. In the event of any
termination or expiration of these Terms of Use for any reason, all provisions
of these Terms of Use whose meaning requires them to survive shall survive the
expiration or termination of these Terms of Use, including, without limitation,
the provisions contained in the following Sections: “Ownership,” “Disclaimer,”
“Limitation of Liability,” “Indemnification,” “Governing Law,” and “General.”